SOHAM MAYANKKUMAR VYAS AND ORS. versus UNION OF INDIA AND ORS.

Citation: [2010] 11 S.C.R. 818 · Decided: 28-09-2010 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Case Partly allowed
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Judgment (excerpt)

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[201 OJ 11 S.C.R. 818 
SOHAM MAYANKKUMAR VYAS AND ORS. 
V. 
UNION OF INDIA AND ORS. 
(Writ Petition(C) NO. 172 of 2010) 
SEPTEMBER 28, 2010 
[R.V. RAVEENDRAN AND H.L. GOKHALE, JJ.] 
DENTISTS ACT, 1948: 
c 
s. 10 (4) (b} - Mauras College of Dentistry, Mauritius -
Affiliated to Bhavnagar University - Added by Government 
of India Notification dated 6.3.2009 at SI. No. 96 in Part Ill of 
the Schedule to the Act -
Letter dated 16.2.2010 by 
Government of India requiring students of Mauras College who 
0 
had secured BOS degrees from Bhavnagar Univesity to 
appear for screening test as per DC/ Screening Test 
Regulations, 2009 - Notification dated 6. 3. 2009 and letter 
dated 16.2.2010 challenged in writ petitions before the 
Supreme Court - Held: Though Mauras College is situated 
E outside India, the students of the College who have been 
granted BOS degrees by Bhavnagar University possess the 
dental qualifications awarded by an authority in India -
Notification dated 6.3.2009 quashed - Government of India 
directed to consider the request as and when made by 
Mauras College for inclusion of its name in Column (2) of 
F entry 62 of Part I of the Schedule to the Act -- Until the College 
is so included, its Indian students will have to undergo the 
screening test as per the first proviso to Regulation 4 of 2009 
Regulations - Dental Council of India Screening Test 
Regulations, 2009 - Regulation 4 - Education/ Educational 
G Institutions. 
Mauras College of Dentistry, Hospital and Oral 
Research Institute, Mauritius (Mauras College) was 
granted affiliation to Bhavnagar University in India for the 
H 
818 
SOHAM MAYANKKUMAR VYAS AND ORS. v. UNION 819 
OF INDIA AND ORS. 
academic year 2003-04 and the affiliation was renewed for 
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the years 2004-05 and 2005-06. The Government of India, 
in exercise of its power under clause (b) of sub-s. (4) of 
s.10 of the Dentists Act, 1948 issued a notification dated 
6.3.2009 (Gazetted on 21.3.2009) adding the Mauras 
College at SI. No. 96 in Part Ill of the Schedule to the Act, 
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to the effect that the dental qualifications of the students 
of the Mauras College were dental qualifications granted 
by an authority or institution outside India. The Dental 
Council of India, in exercise of powers conferred by s. ·20 
read with s. 10 (4) I (5) of the Act, framed the Dental c 
Council of India Screening Test Regulations, 2009 
providing for screening test to determine the eligibility of 
Indian Citizens possessing primary dental qualification 
awarded by any dental institution outside India for 
registration with any State Dental Council. The 
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Government of India (Ministry of Health and Family 
Welfare, Dental Education Section), by letter dated 
16.2.2010, required the students of Mauras College who 
had secured BOS degrees from Bhavnagar University to 
appear for the screening test as per the 2009 Regulations 
for recognition of their degrees in India. The instant writ 
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petitions were filed seeking to quash the Notification 
dated 6.3.2009 and for certain other reliefs. 
The questions for consideration before the Court 
were: (i) "whether the notification dated 6.3.2009 issued 
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under s.10(4)(b) of the Act entering the Mauras College, 
Mauritius and its BOS degree, at SI. No. 96 in Part Ill of 
the Schedule to the Act is valid?" and (ii) "whether the 
BOS graduates from Mauras College affiliated to 
Bhavnagar University, Gujarat have to take the screening 
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test under the DCI Screening Regulations, 2009, for 
recognition of their BOS degree in India?" 
Allowing the writ petitions in part, the Court 
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820 
SUPREME COURT REPORTS 
[2010] 11 S.C.R. 
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HELD: 1. Section 10(4) of the Dentists Act, 1948 will 
apply only if the dental qualification is granted by an 
authority or institution outside India, and as a 
consequence, such qualification will have to be listed 
under .Part Ill of the Schedule to the Act. The re 
B spondents do not dispute the fact that the BOS 
examinations for the students of Mauras College are held 
by Bhavnagar University and the degrees are also 
granted to them by the said University and not by any 
authority or institution outside India. So. long as the 
C Mauras College is affiliated to Bhavnagar University and 
the said University is the examining body and is the 
authority which grants the BOS degree dental 
qualification to the students of Mauras College, s. 10(4) 
and Part-Ill of the Schedule to the Act will not apply. As 
D Bhavnagar U
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